Aviation Alert

September 7, 2017

The U.S. Department of Transportation (DOT) recently issued a Significant Rulemaking Report, the first such report released under the Trump administration, providing the status of various pending rulemaking initiatives. The report reflects that DOT has not determined whether to proceed with or eliminate numerous rulemakings initiated under the Obama administration. The following chart summarizes the status of key aviation-related rulemakings:

Rulemaking

Proposed Publication Date

FAA Proposed Rule to require the FAA to create a pilot records database containing various pilot records that would be used by air carriers to perform a record check on a pilot prior to making a hiring decision.

December 26, 2017

PHMSA Interim Final Rule on Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft to (1) prohibit the transport of lithium ion cells and batteries as cargo on passenger aircraft; (2) require that lithium ion cells and batteries be shipped at not more than a 30 percent state of charge aboard cargo-only aircraft; and (3) limit the use of alternative provisions for small lithium cell or battery shipments to one package per consignment or overpack.

December 29, 2017

FAA Final Rule on Transport Airplane Fuel Tank and System Lightning Protection to amend certain airworthiness regulations for transport category airplanes regarding lightning protection of fuel tanks and systems, add new maintenance requirements related to lightning protection features, and impose specific requirements for airworthiness limitations in the instructions for continued airworthiness.

December 29, 2017

FAA Proposed Rule on Aircraft Registration and Airmen Certification Fees to establish fees for airman certificates, medical certificates, and the FAA’s provision of legal opinions pertaining to aircraft registration or recordation and revise existing fees for aircraft registration, recording of security interests in aircraft or aircraft parts, and replacement of an airman certificate.

January 8, 2018

FAA Proposed Rule to Apply Crew Flight, Duty, and Rest Requirements to Ferry Flights that Follow Domestic, Flag, or Supplemental All-Cargo Operations to require a flight crewmember who accepts an additional Part 91 flying assignment from any air carrier conducting operations under Parts 121 or 135 to apply the period of the additional assignment toward any limitation applicable to the flight crewmember relating to duty periods or flight times.

February 5, 2018

FAA Final Rule on Registration and Marking Requirements for Small Unmanned Aircraft

February 26, 2018

FAA Proposed Rule on Operations of Small Unmanned Aircraft Over People

February 28, 2018

DOT Proposed Rule on Accessible In-Flight Entertainment and Accessible Lavatories on Single-Aisle Aircraft to require carriers to ensure that the same in-flight entertainment available to all passengers is accessible to disabled passengers and to require carriers to provide accessible lavatories on certain new single aisle aircraft.

March 30, 2018

FAA ANPRM to Apply Crew Flight, Duty, and Rest Rules of 14 CFR Part 135 to Tail-End Ferry Operations to require a flight crewmember employed by an air carrier operating under Part 135 and who accepts an additional assignment for flying under Part 91 from any air carrier conducting Part 121 or Part 135 operations to apply the period of the additional assignment toward any limitation applicable to the flight crewmember relating to duty periods or flight times under Part 135.

April 4, 2018

FAA Final Rule on Airport Safety Management System to require certain airport operators to develop and implement a safety management system (SMS) for their aviation-related activities.

April 23, 2018

FAA Final Rule on Part 121 Pilot Professional Development to require air carriers to establish or modify their training programs to include mentoring, leadership and professional development.

DOT Final Rule on Transparency of Airline Ancillary Service Fees to require airlines and ticket agents to disclose at all points of sale the fees for certain basic ancillary services associated with air transportation.

DOT ANPRM on Use of Mobile Wireless Devices for Voice Calls on Aircraft to disclose or restrict voice communications on passengers’ mobile wireless devices on scheduled flights within, to, and from the United States.

Undetermined

DOT Proposed Rule on Traveling by Air with Service Animals to redefine “service animal” and include safeguards to reduce the likelihood that passengers wishing to travel with their pets on aircraft will be able to falsely claim that their pets are service animals.

Undetermined

DOT Proposed Rule on Carrier-Supplied Medical Oxygen, Service Request Reporting, and Seating Accommodations with Extra Legroom to consider (1) whether to require carriers to provide in-flight medical oxygen for a fee to passengers who require it; (2) whether to require carriers to annually report to DOT the number of requests for disability assistance they receive; and (3) whether to expand the scope of disabled passengers who must be provided seats with extra leg room and whether to require carriers to provide seating accommodations with extra leg room in all classes of service.

Undetermined

DOT Final Rule on Air Transportation Consumer Protection Requirements for Ticket Agents to codify in regulation a definition of the term "ticket agent," require large travel agents to adopt minimum customer service standards, and prohibit the unfair and deceptive practice of post-purchase price increases.